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Board Meeting at the
Homewood Suites in Boise, ID
February 11-13, 2010
The State of Idaho promulgates statutes and authorizes promulgation of Rules of Professional Responsibility for the professions of Engineering and Land Surveying. The statutes and rules set standards for licensure and practice to safeguard the life, health, property and welfare of the public.
Enforcement authority is vested in the Board of Registration of Professional Engineers and Professional Land Surveyors. Enforcement actions are triggered by formal complaints or requests for an inquiry concerning actions of unlicensed persons, registrants, or business entities holding certificates of authorization. After receipt of a formal complaint or request for an inquiry the Board may declare the complaint trivial or unfounded, proceed to impose disciplinary measures through a negotiated consent agreement, or proceed to an administrative hearing and possible imposition of disciplinary measures.
A summary of "Laws and Rules Pertaining to the Practice of the Professional of Engineering and Land Surveying" is available at http://www.ipels.idaho.gov/forms_pubs/20080701_Lawbook.pdf. You may also contact the Board Office at 5535 Overland Road, Boise, ID, 83705-2728 or call (208) 373-7210. The following procedural overview is for general information only. To the extent this general summary conflicts with existing law, the existing statutes and rules will govern. Questions about specific details of the process should be directed to the Executive Director at the Board office.
Any affected party may prefer charges against an unlicensed person, a registrant, or business entity holding a certificate of authorization for breaches of legal or professional conduct. The charges must be in the form of a sworn statement before a Notary Public. The affidavit should set forth the underlying facts, specify the statutes or rules violated, and request appropriate disciplinary action against the registrant or certificate holder. The complaint must be filed with the Executive Director of the Board.
The Executive Director establishes a complaint file and prepares the complaint for review by the Board. Complaints are generally heard at regular board meetings. The party who must respond to the complaint is notified, and their response may be available for Board review. When the complaint is first reviewed, and depending on the information available, the Board may dismiss the complaint because it is outside its jurisdiction, trivial, or unfounded. Upon that finding, the case is closed and notice of the complaint dismissal is sent to both parties.
If the Board finds that the complaint warrants further investigation they may order a preliminary investigation. After reviewing the results of the investigation, the Board may then dismiss the complaint, request additional information (by subpoena if necessary), direct the negotiation of a disciplinary consent agreement through the Executive Director and a selected attorney, or schedule an Administrative Hearing. The Board does not discuss or specify the terms of the consent agreement. Disciplinary actions may include any remedies specified by Idaho Code 54-1220 or the issuance of a cautionary letter.
The negotiated disciplinary consent agreement is presented to the Board, which may accept or reject the agreement. If the agreement is rejected, another negotiation attempt may be requested, or the Board may order an administrative hearing.
The hearing must be held within 6 (six) months of receipt of the complaint unless the Board extends the time for justifiable cause.
After the hearing, the Board may take disciplinary action pursuant to Idaho Code 54-1220.
Any person may send a written request for inquiry to the Board. Prior to sending a request, it is advisable to communicate with the Executive Director to discuss alternative courses of action based on the Boards ability to respond to the request. A written request must explain the situation with enough clarity and detail to enable a preliminary review by the Executive Director. The Executive Director will contact the registrant or certificate holder involved and request a response to the allegations. A review of the request for inquiry and any responses from the unlicensed person, registrant, or certificate holder will be placed on a Board meeting agenda. At that meeting, the Board may find that the allegations are outside its jurisdiction, trivial, or unfounded. Upon that finding, the matter is closed and notice of the finding is sent to both parties.
The Board may order the Executive Director or a designated investigator to conduct a preliminary investigation. The results of that investigation are heard at a later meeting. If the Board finds that the matter warrants disciplinary action, the Board may authorize the Executive Director to negotiate a disciplinary consent agreement with the registrant or certificate holder. Prior to the filing of a formal complaint, the Board may issue rules, parameters, or general policy statements to guide negotiations. Disciplinary actions may include any remedies specified by Idaho Code 54-1220 or the issuance of a cautionary letter. If a consent agreement acceptable to the Board is reached, the matter will be concluded upon execution of terms of the agreement.
If a consent agreement acceptable to the Board cannot be negotiated, the Board will order the filing of a formal complaint with the Executive Director as the complainant. An administrative hearing will be scheduled. The hearing will be scheduled within 6 months of the filing of the formal complaint unless the time is extended by the Board for justifiable cause. After the hearing, the Board may take disciplinary action pursuant to Idaho Code 54-1220.
Individuals making a Request For Inquiry may be requested to file a formal complaint, but are not required to. Their participation as a witness at an administrative hearing will almost certainly be required.